Catholic Education's response to Religious Discrimination Legislation
The Australian Parliament is currently considering proposed legislation on religious freedom. This is important legislation that will include protections for the rights of parents to choose a faith-based school for their children that reflects their beliefs and values, and for Catholic schools to operate according to their ethos and mission.
Catholic Education is responding to these inquiries through written submissions and appearances at the inquiries.
In summary, Catholic Education believes:
- Catholic schools should be free to be Catholic
- Religious freedom deserves the same protection as other rights in Australia, ensuring a fair and reasonable balance with other protected rights
- This bill is about protecting religious rights, not discriminating against people who don’t support the same religious view
- Parents should have the right to choose a school for their children that reflects their values and belief
- Catholic schools don’t, and are not seeking to, discriminate against people on the basis of their personal attributes
- Governments should protect the rights of Australians to associate on common religious beliefs
- Australia needs the harmonisation of legislation for religious freedom to prevent over-reach of state legislation on faith-based schools
63% of the general population, 82% of Catholics and 79% of parents with children in Catholic schools believe “Religious schools are entitled to require employees to act in their roles that uphold the ethos and values of that faith and the school should be free to favour hiring employees who share these values” *
* Finding from a large community issues survey on a range of issues from school funding to religious freedom undertaken by a respected national pollster, John Utting Research (November 2021).
There are three bills currently before Federal Parliament in relation to religious freedom:
- The Religious Discrimination Bill 2021
- The Religious Discrimination (Consequential Amendments) Bill 2021
- The Human Rights Legislation Amendment Bill 2021
There were two Inquiries relating to the legislation that reported back to the Parliament on 4 February 2022:
1. JOINT PARLIAMENTARY INQUIRY: Religious Discrimination Bill 2021 and related bills - Download report
Catholic Education’s submission to the Joint Parliamentary Committee on Human Rights is focused on those sections in the Religious Discrimination Bill 2021 and related bills that are related to schools and school systems, specifically:
- Part 2 – Conduct etc. that is not discrimination
- Clause 11 – Conduct in relation to employment by religious educational institutions—overriding certain State and Territory laws
- Part 3 – Concept of discrimination on the ground of religious belief or activity
The Australian Catholic Bishops Conference (ACBC) has also made a submission to the Committee and should be read concurrently with Catholic Education's submission.
A copy of the NCEC's submission to the Joint Parliamentary Committee Inquiry is available on the NCEC website. A copy of the ACBC's submission and other submissions to the Inquiry is available via the Committee website.
2. SENATE INQUIRY: Religious Discrimination Bill 2021; Religious Discrimination (Consequential Amendments) Bill 2021 and Human Rights Legislation Amendment Bill 2021 [Provisions] - Download report